Property I, Pages 254–258

Baker v. Weedon

Supreme Court of Mississippi, April 10, 1972

Facts:

Decedent had several children from his first marriages, then married plaintiff. Decedent and plaintiff lived on the farm in question until his death. His will devised the farm to plaintiff for her life, after which it was to pass to his grandchildren. In recent years plaintiff had lost her ability to maintain the farm however and wished to sell it. City expansion nearby was quickly increasing the value of the farm, so defendants wished to wait to sell it.

Procedural History:

The Chancery Court of Alcorn County sold the land with a provision for the investment of the proceeds. The interest therefrom was to be paid to the life tenant.

Issue:

Was the Chancellor's sale of the land proper?

Rule:

A court can sell land if it is deteriorating and it is in the best interest of all the parties.

Reasoning:

While it would be a benefit to the life tenant, the contingent remaindermen's best interests are not served by the sale of the property.

Holding:

The Chancellor's sale of the land was not proper. Reversed and remanded.

Like my site?
Slightly less broke than the average law student?
Want to give me money for some reason?

I accept donations!

(Don't feel bad if you don't) (Not tax-deductible)